Immigrating to the U.S. Through Green Card Lottery [Diversity Immigrant Visa Program (DV Lottery)]

Each year, the Diversity Immigrant Visa (DV) Program (DV lottery)(also known as green card lottery) makes 50,000 immigrant visas available to eligible applicants who are selected in the lottery. To qualify for the lottery, an applicant must be a native of one of the listed country; and have the U.S. equivalent of a high school diploma, or have 2 years of related experience in the last 5 years in an occupation that requires at least 2 years of experience or training.

The initial DV lottery submission is absolutely free.

The U.S. Department of State (DOS) advises that there are many websites posing as the U.S. government and charging fees for this online submission. Applicants should be wary of websites posting as the U.S. government. Only applicants who win the lottery will be required to, eventually, pay any visa or other fees set by and to the U.S. government.

For applicants who seek help to submit a DV lottery entry using “Visa Agents”, Visa Consultants” or other individuals (collectively, Facilitator), the DOS further advises applicants to be present during the online DV lottery submission to ensure that all his/her personal information is entered accurately, and to retain the confirmation page containing the unique confirmation number because some Facilitators may extort money in exchange for the confirmation number. The confirmation number is the ONLY way for an applicant to verify if (s)he has been selected in the DV lottery and further procedures.

While applicants are free to seek help, most applicants submit this initial part of the DV lottery application on their own. Some winning applicants do seek out help from lawyers in preparing for their visa interviews since the information and documentation required for the visa interview is a bit more detailed than the initial free online submission.

If an applicant can meet these requirements, they can submit their entries online free at http://www.dvlottery.state.gov/ . Each applicant will be required to electronically submit photographs and information about themselves, their spouse, and unmarried children under the age of 21. The information required of each applicant and their family members includes, but are not limited to:

1. FULL NAME – Last/Family Name, First Name, Middle name
2. DATE OF BIRTH – Day, Month, Year
3. GENDER – Male or Female
4. CITY WHERE YOU WERE BORN
5. COUNTRY WHERE YOU WERE BORN – The name of the country should be that which is currently in use for the place where you were born.
6. COUNTRY OF ELIGIBILITY OR CHARGEABILITY FOR THE DV PROGRAM – Your country of eligibility will normally be the same as your country of birth. Your country of eligibility is not related to where you live. If you were born in a country that is not eligible for the DV program, please review the instructions to see if there is another option for country chargeability available for you. For additional information on chargeability, please review DOS DV 2012 Instructions under “Frequently Asked Question #1”.
7. MAILING ADDRESS – In Care Of, Address Line 1, Address Line 2, City/Town, District/Country/Province/State, Postal Code/Zip Code, and Country
8. COUNTRY WHERE YOU LIVE TODAY
9. PHONE NUMBER (optional)
10. E-MAIL ADDRESS – provide an e-mail address to which you have direct access. You will NOT receive an official selection letter at this address. However, if your entry is selected and you respond to the notification of your selection through the Entry Status Check, you will receive follow-up communication from the Kentucky Consular Center (KCC) by e-mail notifying you that details of your immigrant visa interview are available on Entry Status Check.
11. WHAT IS THE HIGHEST LEVEL OF EDUCATION YOU HAVE ACHIEVED, AS OF TODAY? You must indicate which one of the following represents your own highest level of educational achievement: (1) Primary school only, (2) High school, no degree, (3) High school degree, (4) Vocational school, (5) Some university courses, (6) University degree, (7) Some graduate level courses, (8) Master degree, (9) Some doctorate level courses, and (10) Doctorate degree
12. MARITAL STATUS – Unmarried, Married, Divorced, Widowed, or Legally Separated
13. NUMBER OF CHILDREN – Entries MUST include the name, date, and place of birth of your spouse and all natural children. Entries must also include all children legally adopted by you, and stepchildren who are unmarried and under the age of 21 on the date of your electronic entry , even if you are no longer legally married to the child’s parent, and even if the spouse or child does not currently reside with you and/or will not immigrate with you. Note that married children and children 21 years or older are not eligible for the DV; however, U.S. law protects children from “aging out” in certain circumstances. If your electronic DV entry is made before your unmarried child turns 21, and the child turns 21 before visa issuance, he/she may be protected from aging out by the Child Status Protection Act and be treated as though he/she were under 21 for visa-processing purposes. Failure to list all children who are eligible will result in disqualification of the principal applicant and refusal of all visas in the case at the time of the visa interview. See DOS DV 2012 Instructions under Frequently Asked Question #11.
14. SPOUSE INFORMATION – Name, Date of Birth, Gender, City/Town of Birth, Country of Birth, and Photograph. Failure to list your eligible spouse will result in disqualification of the principal applicant and refusal of all visas in the case at the time of the visa interview. You must list your spouse here even if you plan to be divorced before you apply for a visa.
15. CHILDREN INFORMATION – Name, Date of Birth, Gender, City/Town of Birth, Country of Birth, and Photograph: Include all children declared in question #13 above.

When an applicant completes the online lottery application, they will get a confirmation number which they should print out. This confirmation number will be the only means by which the applicant will learn of their having won the lottery. Entry into each year’s DV Lottery is allowed only during a limited period of time. The period to apply for the 2011 and 2012 DV lottery has already closed. The entry period for the 2013 DV lottery will be announced on this website.

Once the application is submitted online, applicants can check the status of their DV lottery application online at www.dvlottery.state.gov . 2011 DV lottery winners have already been notified that they won. 2012 DV lottery winners will only find out that they have won by using the Entry Status Check section of the DV lottery website and how to proceed on their applications. Non-winning entries will learn of their non-selection using the Entry Status Check online system as well. The entry status check portion of the above website will provide winning applicants with a link to further instructions on how to proceed on their applications if they are selected.

If you would like more information on the DV lottery, please consult the website above or contact an immigration attorney.

Author: Aaron Hurlock, an Immigration Paralegal with about 10 years of professional immigration experience.

Editor & Contributor: Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 703-772-8224
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Improvements in I-601 Waivers May Be Soon: Standards for Extreme Hardships, Concurrent Filings With I-130 Alien Relative Immigrant Petition, Adjudication, Processing Time!

On June 10, 2010, the U.S. Citizenship and Immigration Services (USCIS) Ombudsman has made formal recommendations to the USCIS to enhance its efficiency in processing applications for I-601 waivers of inadmissibility. USCIS Ombudsman is an independent agency of the Homeland Security to assist individuals and employers in resolving, and identifying areas of, problems with the USCIS; and it also proposes changes to USCIS to mitigate identified problems. The USCIS Ombudsman reports directly to the Homeland Security.

Foreign nationals or non-U.S. citizens (including green card holders) with certain histories may need I-601 and/or other waivers, etc to be allowed to enter, remain or return to the U.S. These certain histories include, but are not limited to: (a) the commission of certain crime, or even possible commission of misrepresentation/fraud to obtain or attempt to obtain immigration benefits in or to the U.S.; (b) certain medical conditions; (c) certain period(s) of illegal presence in the U.S.; (d) abandonment (intentional/unintentional) of green card; and/or (e) certain removal/deportation experience with the U.S. immigration law.

For example, many non-U.S.-citizens and their U.S. citizen families, often times, encountered harrowing experiences when they learned, for the first time, that the non-U.S.-citizen family members are prohibited for a proscribed period (such as 3 years, 5 years, or 10 years) from entering or re-entering the U.S.; or are being removed/deported, or charged with removal/deportation, from the U.S. To the surprise of many, this may be so even if the non-U.S.-citizen has U.S. citizen spouse/child(ren), grew up in the U.S., and/or even has a green card.

For foreign nationals or non-U.S.-citizens who are already stranded abroad as a result of the time bar, the process and wait-time for applying for a waiver, such as an I-601 extreme hardship waiver (I-601 waiver), are complex, lengthy and extremely stressful to both the non-citizens, and their aggrieved family members in the U.S. This is because the adjudication and grant of a waiver such as an I-601 waiver are inherently highly discretionary; immigration regulations have not defined the criteria of “extreme hardship” for I-601 waiver, and therefore, there are inconsistencies and lack of uniformity on the standards that would sufficiently constitute “extreme hardships” as well as the best materials to provide; and the wait-time for an I-601 waiver immigration adjudication office varies widely, from 6 months to 1 year. Certain adjudication offices can take several years to adjudicate an I-601 waiver while an extremely small number of adjudication offices may only take several days to several weeks.

As a result, family separation is often lengthy and uncertain, and for the unfortunate ones, permanent.

In addition, foreign nationals who are still in the U.S., and aware of their need for I-601 waiver applications, are often times deterred from utilizing the I-601 process by going abroad, where required and depending on the circumstances, to seek the I-601 waiver remedy due to the highly uncertain outcome of the I-601 adjudication process or its excessive wait time. These foreign nationals are faced with the choices of either sacrificing the opportunity in remedying/improving their immigration status/compliance so that they could stay close to their family members in the U.S., or embarking on a risky journey of I-601 process which may result in long-term separation from their families in the U.S.

The USCIS Ombudsman has made several important recommendations to the USCIS Director to change, improve or enhance its adjudication and handling of applications for I-601 waivers such as:

1. Implementing an avenue for concurrently filing of I-130 Petition for Alien Relatives together with the I-601 waiver applications. Currently, where an I-130 petition is required, a foreign national must wait for the I-130 petition to be adjudicated before filing an I-601 waiver application, where required, thereby, unnecessarily increases the wait time for foreign nationals and their U.S. families.

2. Centralizing the USCIS processing of all I-601 waiver applications to achieve faster and more standardized adjudication.

3. Developing a centralized case management system to allow for accurate and centralized tracking of processing time and individual case status. Currently, the case status for an I-601 waiver application, filed at the U.S. Consulate, cannot be tracked using the USCIS online case status, unlike other immigration cases. (USCIS online case status service is available for I-601 waiver cases that are eligible for filing and are filed within the U.S.)

4. Providing clear filing instructions and guidelines to customers on the procedures for a request for expedited processing of an I-601 waiver application. At present, there are no instructions on what must be submitted for such a request for expedited processing.

5. Improving the interactions and coordination between the U.S. Department of State (DOS) and the USCIS to allow expeditious handling of I-601 waiver cases, for I-601 waivers filed at the U.S. Consulate.

6. Establishing a policy on advance file gatherings to allow the I-601 adjudication offices to expeditiously review and adjudicate I-601 waiver cases.

For further information on I-601 waiver applications/cases, please also read our article on “Permanent or long-term residency in the U.S. does not mean “permanent”, even for those with U.S. citizen spouse/child(ren), I-131 advance parole/re-entry permit, and/or green card!" at http://tiyalaw.blogspot.com/2010/04/permanent-or-long-term-residency-in-us.html

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent companies, and individuals and their families in U.S. immigration law such as green card, work visa and waiver matters. We represent clients within the U.S. and abroad.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Green Cards: Improving Processing Time & Strategies

Choosing the correct and most suitable immigration classification and category when initiating and applying for green card status in and to the U.S. is extremely important. Depending on the type and/or classification of the green card, the wait time to obtain green card status varies tremendously, and the difference can be several months, to several years or even decades.

Immigrating to the U.S. via sponsorships through certain skill sets are effective ways to legally and permanently live and work in the U.S., or gain legal permanent residency status in the U.S.

The green card cases, based on skill sets or employable skills, in the U.S. fall under several preference categories. Some green card cases require employer sponsorships and some do not.

Some of the categories include, but are not limited to, green card employment-based preference 1 category (“EB-1”), employment-based preference 2 category (“EB-2”), and employment-based preference 3 category (“EB-3”). Choosing the most effective employment-based green card preference category is important to the foreign nationals for many reasons. Many EB-1 and EB-2 green card cases can be self-petitions, and this means, they do not require employer-sponsorships. For foreign nationals who have any green card cases (whether or not based on employment) that have been pending for too long, right now will be a good time to review various self-petition green card options. The differences in the various EB categories include, but are not limited to:

1. Many employment-based green card cases require sponsorships by employers. Other employment-based green card cases do not require the sponsorships of any specific employers, and can be self-petitions or self-sponsorships by the foreign national themselves.

a) For example, an EB-3 green card case requires the sponsorship by an employer.

b) On the other hand, an EB-2 national interest waiver green card case that is based on the foreign national’s contribution to the industry does not require the sponsorship by an employer.

c) An EB-1 extraordinary ability green card case is a self-petition immigration case, and does not require the sponsorship by an employer. Certain EB-1 green card cases require the sponsorship by an employer.

2. The wait time for green card cases for the various employment-based preference categories or cases can vary widely, ranging from several weeks or several months, to almost 9 years, because their wait time are tied to the employment-based preference category and the foreign national beneficiary’s country of birth (not nationality).

a) For example, the wait time to receive a green card based on an EB-1 case is tremendously shorter (several months or weeks) than an EB-3 case (many years) because immigrant visa numbers are more readily available for an EB-1 than an EB-3 case. Also, the wait time for an EB-2 national interest waiver case is tremendously shorter (several months or weeks) for, not all, but many countries.

b) For example, under an EB-2 case based on PERM, it takes substantially longer for a foreign national who was born in India or China to receive his/her green card (several years) than a foreign national who was born in other countries.

c) However, if a foreign national who was born in India or China is eligible and is applying for an EB-1 green card case, the wait time will be tremendously shortened.

d) Other than a bona fide marriage to a U.S. citizen, having relatives to provide immigration sponsorships to foreign nationals are by no means good solutions. Certain family-based green card sponsorships could take decades to come through.

For more information on the current immigrant visa number availability, please visit the immigrant visa bulletin at the website of the U.S. Department of States at

http://travel.state.gov/visa/bulletin/bulletin_1360.html

3. Moreover, the green card processing time at the various government agencies changes from time to time, depending on diverse factors such as their immigration case load, number of green card applicants in a given period, new law and/or policies.

a) The processing time for the various employment-based green card categories can retrogress (take much longer than the government’s previously estimated processing time).

b) For example, the processing time for many EB-3 green card cases retrogressed from a processing time of about 8.5 years in April 2009, to a sudden halt (no processing) for the month of May 2009 when immigrant visa numbers became unavailable for May 2009 because the U.S. Citizenship and Immigration Services (“USCIS”) cannot adjudicate green card adjustment of status cases without the available immigrant visa numbers.

e) For more information on the immigrant visa number availability (especially for April and May 2009), please visit the immigrant visa bulletin at the website of U.S. Department of States at

http://travel.state.gov/visa/bulletin/bulletin_1360.html

4. Some foreign nationals are deterred and discouraged by the dampening economy from, or their dim view in securing U.S. employment, and/or immigration or green card sponsorships.

a) For foreign nationals who do not have or wish to secure immigration sponsorships by U.S. employers, being able to apply for employment-based green card by themselves without any specific employers (i.e. self petitions or self sponsorships) can make a huge difference in their lives.
For example, the differences of either falling into illegal immigration status in the U.S.; not coming or immigrating to the U.S. or having to leave the U.S. (most often, after years of being in the U.S. with established social circles and families here); or the privileges and opportunities to live and anywhere in the U.S. with U.S. permanent residency status, and eventually, the opportunity to apply for U.S. citizenships.

In summary, choosing the most effective category of green card cases means the difference of waiting decades for your green card, to several months or weeks. Having a green card much sooner also means having the opportunities to choose to live and work anywhere in the U.S., and eventually, to apply to be U.S. citizens.

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent companies, and individuals and their families in U.S. immigration law such as green card, work visa and waiver matters. We represent clients within the U.S. and abroad.

All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

ICE Arrests: Targeting Immigration Fugitives and Foreign Nationals Arrested or Convicted of Certain Crime (Foreign Nationals & Green Card Holders Take Note!)

Foreign Nationals or non-U.S. citizens (including green card holders) with criminal histories, removal/deportation orders, immigration hearings or notice to appear at immigration hearings should have their immigration options thoroughly analyzed and represented.

From May 10 to May 4 of 2010, and from May 24 to 28 of 2010, the local U.S. Immigration and Customs Enforcement (ICE) fugitive operations teams (FOT) arrested 72 foreign nationals (65 men and 7 women) in Chicago. FOT is one of the divisions of the U.S. Department of Homeland Security’s broader strategy to heighten and implement its strategies to effectively identify and remove dangerous criminal foreign nationals from the U.S.

This May 2010 FOT operations targeted immigration fugitives and criminal foreign nationals because the top priority for ICE is to enhance public safety. These arrestees originated from various countries such as China, Columbia, South Korea, Mexico, Peru, Jamaica, Israel, India, Honduras, Ecuador, Czech Republic, El Salvador, Lithuania, Macedonia and Columbia.

Immigration fugitives include foreign nationals who have failed to appear for immigration hearings, or who have absconded after being ordered by an immigration judge to leave or be removed from the U.S. Criminal aliens include non-citizens who have been convicted of or arrested for certain crimes which include, but are not limited to, drug possession, drunken driving, domestic battery, theft, burglary or larceny.

Last year, FOT made over 35,000 arrests nationwide. Over 31,000 or 81% of those arrests involved immigration fugitives and foreign nationals with prior criminal convictions/histories.

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent companies, and individuals and their families in U.S. immigration law such as green card, work visa and waiver matters. We represent clients within the U.S. and abroad.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Permanent or long-term residency in the U.S. does not mean “permanent”, even for those with U.S. citizen spouse/child(ren), I-131 advance parole/re-entry permit, and/or green card!

Prior to traveling internationally or submitting United States (U.S.) immigration applications, foreign nationals or non-U.S.-citizens (including green card holders) with certain histories should have their immigration backgrounds analyzed and evaluated thoroughly, and/or their immigration applications properly prepared.

These certain histories include, but are not limited to: (a) the commission of certain crime, or even possible commission of misrepresentation/fraud to obtain or attempt to obtain immigration benefits in or to the U.S.; (b) certain medical conditions; (c) certain period(s) of illegal presence in the U.S.; (d) abandonment (intentional/unintentional); and/or (e) certain removal/deportation experience with the U.S. immigration law.

For example, many non-U.S.-citizens and their U.S. citizen families, often times, encountered harrowing experiences when they learned, for the first time, that the non-U.S.-citizen family members are prohibited for a proscribed period (such as 3 years, 5 years, or 10 years) from entering or re-entering the U.S.; or are being removed/deported, or charged with removal/deportation, from the U.S. To the surprise of many, this may be so even if the non-U.S.-citizen has U.S. citizen spouse/child(ren), grew up in the U.S., and/or even has a green card.

For foreign nationals or non-U.S.-citizens who are already stranded abroad as a result of the time bar, the process and wait-time for applying for a waiver, such as an I-601 extreme hardship waiver (I-601 waiver), are complex, lengthy and extremely stressful to both the non-citizens, and their aggrieved family members in the U.S. This is because the adjudication and grant of a waiver such as an I-601 waiver are inherently highly discretionary; and the wait-time for an I-601 waiver immigration adjudication office varies widely, from 6 months to 1 year. Certain adjudication offices can take several years to adjudicate an I-601 waiver while an extremely small number of adjudication offices may only take several days to several weeks.

As a result, family separation is often lengthy and uncertain, and for the unfortunate ones, permanent.

A. At present, for example, certain foreign nationals (non-green card holders) who have been illegally present in the U.S. for more than 180 days or one year; and have either departed the U.S. or have previously departed and re-entered the U.S. without the appropriate waiver, within the proscribed/prohibited period of time bar of either 3 years or 10 years, respectively, will need an I-601 extreme hardship waiver (“I-601 waiver”) if they are to be allowed to return to or remain in the U.S.

This 3-year/10-year bar also applies to foreign nationals with pending green card cases who traveled or are traveling on I-131 advance paroles, if they have been illegally present in the U.S. for more than 180 days or one year, respectively.

B. For example, under certain circumstances, to the surprise of many, even green card holders or lawful permanent residents (even for those who have lived in the U.S. for most of their lives), may experience the following:

(i) Under certain circumstances, green card holders may need an I-601 waiver if they are to be allowed to remain in or return to the U.S.; or
(ii) Under certain circumstances, green card holders may be considered to have abandoned their green card status (intentionally or even unintentionally) which include, but are not limited to, prolonged or frequent absences from the U.S., or working abroad. Having a re-entry permit will not necessarily prevent a finding of abandonment of green card status; or
(iii) Moreover, revocation of green card status may occur such as if there is a finding of fraud, misrepresentation or initial ineligibility.

C. For example, foreign nationals or non-U.S.-citizens (including green card holders) with certain criminal histories may need an I-601 waiver if they are to be allowed to enter, return to or remain in the U.S.

D. For instance, certain foreign nationals who have removal/deportation orders may need an I-212 waiver if they are to be allowed to return to the U.S.

E. Similarly, some foreign nationals or non-U.S.-citizens (including green card holders) with U.S. immigration applications previously denied, or even approved, under limited situations may, years later, discover that they need an I-601 waiver.

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We represent clients within the U.S. and abroad.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

H-1B Work Visas Still Available for Oct 1, 2010 Start-Date!

H-1B petitions are extremely useful for many skilled foreign nationals to live and work in the U.S. for a temporary period of time. H-1B petitions are company-sponsored temporary work visas. Normally, these petitions are available for an eligible H-1B beneficiary for a maximum of 6 years (3 years each time).

As of April 15, 2010, the U.S. Citizenship and Immigration Services (USCIS) has received 13,600 H-1B petitions that are subject to the annual 65,000 visa cap. These H-1B petitions will count towards the Fiscal Year 2011 visa cap (FY2011). As of April 15, 2010, the USCIS has received 5,800 of the 20,000 H-1B petitions for FY2011 that are exempt from the 65,000 visa cap under the advanced degree exemption which applies to an H-1B beneficiary who has successfully obtained a U.S. Master's degree or higher. These H-1B petitions will have an employment start-date of October 1, 2010 or later.

Furthermore, not all H-1B petitions are subject to the annual visa cap, depending on the types of H-1B petition being filed, and the types of company-sponsor.

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net
We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Stranded in the U.S. due to the Icelandic Volcano Eruption? If so, please remember to apply for extension of your stay in the U.S.

The United States has granted special temporary relief to foreign nationals whose status in the U.S. are about to expire and who are stranded here because of the European airport closures due to the Icelandic Volcano Eruption.
Applicable foreign nationals who entered the U.S. under the visa waiver program (VWP) should contact either the U.S. Customs and Border Patrol office at the airport, or the local U.S. Citizenship and Immigration Services (USCIS) office.

Applicable foreign nationals who entered the U.S. with a visa should file a request for extension of status with the regional USCIS office.

In order to comply with the U.S. immigration law and not to complicate or jeopardize future U.S. immigration benefits, foreign nationals who entered under the VWP or visas should be vigilant in not exceeding their period of authorized stay in the U.S.

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

News Headlines: Haitians who are in the U.S. illegally will likely be able to apply as early as Thursday to temporarily stay in the United States.

Temporary Protection Status (TPS) applications can be filed as soon as official notice is published in the Federal Register, likely Thursday. See http://www.chicagotribune.com/news/politics/sns-ap-us-haiti-earthquake-immigration,0,1855138.story

United States Immigration Relief Measures for Individuals from Haiti

On January 18, 2010, the U.S. Department of Homeland Security's (DHS) U.S. Citizenship and Immigration Services (USCIS) issued DHS' immigration relief measures for individuals from Haiti. DHS will continue to monitor the situations in Haiti to determine if additional actions will be required. As of January 18, 2010, the available immigration relief measures include, but are not limited to, the following:

1. Favorable adjudication of applications for extension or change of status. Individuals who previously held valid nonimmigrant status may also apply.
2. Automatic extension of advance paroles until March 12, 2010 for individuals already in Haiti whose parole documents expire on or after January 12, 2010.
3. Individuals already paroled into the U.S. may apply to extend their parole documents.
4. Stay of removal applies on case-by-case basis.
5. Expedited processing of certain pending and/new immigration applications or petitions.
6. Individuals from Haiti who are currently in the U.S. in F-1 student status who may no longer afford their school fees may be able to apply for Employment Authorization.
7. Certain individuals from Haiti currently in the U.S. may apply for employment authorization.
8. Temporary protection status (TPS) applies to eligible individuals from Haiti.

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767; 703-772-8224

www.tiyaimmigration.com ; www.tiyalaw.blogspot.com ; www.immigrationresource.net

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship

Temporary Protection Status (Temporary Immigration Status) for Haiti

In response to the January 12, 2010 earthquake tragedy in Haiti, the U.S. Department of Homeland Security (DHS) Secretary, Janet Napolitano, announced on January 15, 2010 that the United States will be granting Temporary Protection Status (TPS) to Haiti for 18 months. TPS is a temporary immigration status (for 18 months, in this case) to qualified foreign nationals for a designated country.

To be eligible for this TPS, the applicant must meet criteria such as:
1. The applicant must either be a national of Haiti, or does not have any nationality but whose last habitual residence was Haiti.
2. The applicant must have been continuously present in the United States (U.S.) since January 12, 2010 and the date when TPS can be submitted to the immigration.

People who are not eligible to apply for this TPS include:
1. Those arriving in the U.S. after January 12, 2010.
2. Those convicted of a felony, or two or more misdemeanors.
3. Those subject to several other criminal and security-related bars to asylum, including participating in the persecution of another individual or engaging in or inciting terrorist activity.

These TPS applications can only be submitted to the government in the time frame below:
1. When the federal government publishes the TPS eligibility in the Federal Register. A Federal Register is an official journal of the federal government of the United States.
2. Once published in the Federal Register, the TPS application must be submitted to the government within 180 days.

For those with existing or future immigration applications, not related to the TPS:
1. A TPS application does not affect an existing or other immigration case which was previously submitted to the immigration.
2. Similarly, a TPS applicant who has already applied for TPS but who has another form of immigration relief such as marriage- or employment-based sponsorship may continue to apply for the non-TPS immigration benefit, if eligible.

By virtue of a TPS application, an applicant will also be eligible to apply for employment authorization to work in the U.S. A TPS applicant will also be eligible to apply for advance parole, a type of travel document for international travel. However, a foreign national planning to travel internationally even with an advance parole should consult an experienced immigration attorney prior to an international travel because an advance parole document does not serve as a guarantee for re-entry into the U.S. Advance parole is merely a document for the traveler to apply for permission to re-enter the U.S., and certain foreign nationals may not be allowed re-entry into the U.S. after their international travels.

The standard documents required to apply for TPS will include proof of nationality, or for those without any nationality, last habitual residence for Haiti; and continuous presence in the U.S. since January 12, 2010. Secondary evidence may be used, where applicable. The final procedures for filing TPS applications will be announced in the Federal Register.

Separate government application filing fees will apply for a TPS application, employment authorization document and advance parole. Under certain circumstances, the filing fee(s) may be waived.

Most non-United States (U.S.) citizens (even green card holders) who are in the U.S. are required by law to notify DHS of any change of address within 10 days after moving to a new address, by filing a Form AR-11, Change of Address. The form AR-11 may be filed electronically on DHS' website at https://egov.uscis.gov/crisgwi/go?action=coa . Failure to comply with the U.S. change of requirement is a misdemeanor crime, punishable by fine (up to $200) and/or imprisonment (up to 30 days), and may also subject the non-U.S. citizen to deportation.

An immigration news article by Aik Wan Kok of Tiya PLC.
www.tiyaimmigration.com ; www.tiyalaw.blogspot.com ; www.immigrationresource.net

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship

2010 H-1B Visa Quota Has Been Reached!

On December 21, 2009, the U.S. Citizenship and Immigration Services (USCIS) announced that it has received sufficient new H-1B specialty occupation worker petitions to reach the statutory cap for the fiscal year 2010 (FY2010). USCIS has also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption. USCIS will reject cap-subject petitions for new H-1B seeking an employment start date in FY2010 that are received after December 21, 2009 USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on December 21, 2009.

Tired of Waiting for Your Pending Green Card Cases? Consider Other Employment-Based Green Card Options!

Immigrating to the U.S. via sponsorships through employment or certain skill sets are effective ways to legally and permanently live and work in the U.S., or gain legal permanent residency status in the U.S.

The employment-based green card cases in the U.S. fall under several preference categories. Some of the categories include, but are not limited to, green card employment-based preference 1 category (“EB-1”), employment-based preference 2 category (“EB-2”), and employment-based preference 3 category (“EB-3”). Choosing the most effective employment-based green card preference category is important to the foreign nationals for many reasons. For foreign nationals who have any green card cases (whether or not based on employment) that have been pending for too long, right now will be a good time to review various employment-based green card options. The differences in the various EB categories include, but are not limited to:

1. Many employment-based green card cases require sponsorships by employers. Other employment-based green card cases do not require the sponsorships of any specific employers, and can be self-petitions or self-sponsorships by the foreign national themselves.


a) For example, an EB-3 green card case requires the sponsorship by an employer.

b) On the other hand, an EB-2 national interest waiver green card case that is based on the foreign national’s contribution to the industry does not require the sponsorship by an employer.

c) An EB-1 extraordinary ability green card case does not require the sponsorship by an employer.

2. The waiting time for green card cases for the various employment-based preference categories or cases can vary widely, ranging from several weeks or several months, to almost 9 years, because their wait time are tied to the employment-based preference category and the foreign national beneficiary’s country of birth (not nationality).

a) For example, the waiting time to receive a green card based on an EB-1 case is tremendously shorter (several months or weeks) than an EB-3 case (7 to 9 years) because immigrant visa numbers are more readily available for an EB-1 than an EB-3 case.

b) For example, under an EB-2 case based on PERM, it takes much longer for a foreign national who was born in India or China to receive his/her green card (4 to 5 years) than a foreign national who was born in other countries (2 to 3 years).

c) However, if a foreign national who was born in India or China is eligible and is applying for an EB-1 green card case, the wait time will be tremendously shorten.

d) For more information on the immigrant visa number availability (especially for October 2009), please visit the immigrant visa bulletin at the website of the U.S. Department of States at

http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

3. Moreover, the green card processing time at the various government agencies changes from time to time, depending on diverse factors such as their immigration case load, number of green card applicants in a given period, new law and/or policies.

a) The processing time for the various employment-based green card categories can retrogress (take much longer than the government’s previously estimated processing time).

b) For example, the processing time for many EB-3 green card cases retrogressed from a processing time of about 8.5 years in April 2009, to a sudden halt (no processing) for the month of May 2009 when immigrant visa numbers became unavailable for May 2009 because the U.S. Citizenship and Immigration Services (“USCIS”) cannot adjudicate green card adjustment of status cases without the available immigrant visa numbers.

e) For more information on the immigrant visa number availability (especially for April and May 2009), please visit the immigrant visa bulletin at the website of U.S. Department of States at

http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

4. Some foreign nationals are deterred and discouraged by the dampening economy from, or their dim view in securing U.S. employment, and/or immigration or green card sponsorships.

a) For foreign nationals who do not have or wish to secure immigration sponsorships by U.S. employers, being able to apply for employment-based green card by themselves without any specific employers (i.e. self petitions or self sponsorships) can make a huge difference in their lives.

For example, the differences of either falling into illegal immigration status in the U.S.; not coming or immigrating to the U.S. or having to leave the U.S. (most often, after years of being in the U.S. with established social circles and families here); or the privileges and opportunities to work and live anywhere in the U.S. with U.S. permanent residency status, and eventually, the opportunity to apply for U.S. citizenships.

In summary, choosing the most effective category of green card cases means the difference of waiting almost a decade for your green card, to several months or weeks. Having a green card much sooner also means having the opportunities to choose to live and work anywhere in the U.S., and eventually, to apply to be U.S. citizens.

All Rights Reserved.


For more information, please contact Aik Wan Kok, Immigration Attorney, at koka@tiyalaw.com, 703-772-8224 or www.tiyalaw.com (coming soon: www.tiyaimmigration.com).


Ms. Kok at Tiya PLC represents companies, foreign national employees, families, and individuals, and those who wish to live and work in the U.S. in wide-ranging immigration law matters in applying for green card, work visa and U.S. citizenship. We have experience in cases such as EB-1, EB-2, EB-3, extraordinary ability, outstanding researcher or professor, national interest waiver, J waiver, extreme hardship waiver, I-601 waiver, I-212 waiver, H-1B specialty occupation worker, H-3 trainee, L-1A intracompany executive or manager, L-1B specialized knowledge professional, E-2 treaty investor, E-2 employees, PERM permanent labor certification, J trainee, J intern, I-140 Immigrant Petition, I-485 Adjustment of Status Application. We represent immigration cases before the U.S. government agencies such as the U.S. Consulates abroad, U.S. Citizenship and Immigration Services and U.S. Department of States.


With more than a decade of professional immigration law experience with excellent results, we are your best source of professional U.S. immigration law services.


This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Comprehensive Immigration Reform - Pathway to U.S. Immigration Status and Citizenship!

In conferences and radio interview held in August 2009, President Obama has reaffirmed his position in pursuing legislative action on comprehensive immigration reform, in 2010, of the currently broken U.S. immigration systems, after attending to more critical issues such as U.S. healthcare and financial reform.

Comprehensive immigration reform is a highly advocated proposal by the U.S. government to create immigration systems to provide immigration status and citizenship to millions of undocumented foreign nationals who are currently in the U.S., as well as providing opportunities for other foreign nationals to work and live in the U.S. under efficient and regulated processes.

Foreign nationals are vital to the U.S. economy, especially during this international economic crisis. Foreign nationals often bring with them diverse skill sets to fill the labor shortages for work which could not be completely filled by U.S. citizens. In addition, the diverse cultures and backgrounds of foreign nationals generate new and increased demands and services in the U.S., which in turn, will positively stimulate the economy and create additional jobs. The U.S. has been a country which has historically thrived on the contributions of immigrants and U.S. natives, and will continue to be so.

As a former immigrant and an immigration attorney, I have experienced the U.S. immigration systems on both personal and professional levels. After years of good faith efforts by the U.S. government to implement piecemeal immigration law (which often do not work in harmony with the other immigration law) to address immigration issues, the execution of the U.S. immigration law has become cumbersome and extremely difficult. A comprehensive immigration reform in the U.S. is crucial to a well-regulated society, workforce and economy.

It is not possible to halt illegal immigration into the U.S. The only way to implement fully functioning immigration systems for a well-regulated nation in the U.S. would be to allow legal entries of foreign nationals in orderly, systematic and regulated manners under harmonious comprehensive immigration systems.

All Rights Reserved.

For more information, please contact Aik Wan Kok, Immigration Attorney, at koka@tiyalaw.com, 703-772-8224 or http://www.tiyalaw.com/. Ms. Kok at Tiya PLC represents companies and foreign nationals in the areas of immigration law (e.g. work authorization, green card and I-9 compliance). With more than a decade of professional immigration law experience with excellent results, we are your best source of professional U.S. immigration law services.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

H-1B Visa Numbers Are Still Available for Foreign Nationals Who Want to Acquire Immigration Status to Work and Live in the U.S.!

Based on the calculation conducted by the U.S. Citizenship and Immigration Services (USCIS) on August 14, 2009, visa numbers are still available for filing new H-1B Petitions. H-1B status provides immigration and work status for foreign nationals to work and live, temporarily, in the U.S.

All Rights Reserved.

For more information, please contact Aik Wan Kok, Immigration Attorney, at koka@tiyalaw.com, 703-772-8224 or http://www.tiyalaw.com/. Ms. Kok at Tiya PLC represents companies and foreign nationals in the areas of immigration law (e.g. work authorization, green card and I-9 compliance). With more than a decade of professional immigration law experience with excellent results, we are your best source of professional U.S. immigration law services.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Will the Long-Awaited Proposed Legislation on Providing Green Card/Permanent Imigration Status to, & Uniting Families from Abroad Finally Becomes Law?

An important proposed legislation that seeks to promote timely unification of, and legal permanent residence status (also known as green card) to relatives abroad with their families in the U.S. has been reintroduced to the U.S. Senate. The Uniting American Families Act would help legal immigrants unite with and confer legal permanent residence (green card) status to their families from abroad and end the decade-long waiting periods for legal immigrant visas by, among other things, recapturing unused immigrant visas and eliminating the tragically long family immigration backlogs. The U.S. Senate Committee on the Judiciary has scheduled a hearing on "The Uniting American Families Act: Addressing Inequality in Federal Immigration Law" on June 3, 2009.

All Rights Reserved.

For more information, please contact Aik Wan Kok, Immigration Attorney, at koka@tiyalaw.com, 703-772-8224 or www.tiyalaw.com. Ms. Kok at Tiya PLC represents companies and foreign nationals in the areas of immigration law (e.g. work authorization, green card and I-9 compliance). With more than a decade of professional immigration law experience with excellent results, we are your best source of professional U.S. immigration law services.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.